National Security (Enemy Property) Regulations (Cth)

STATUTORY RULES.

1939. No. 102.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939.

Dated this twenty-seventh day of September, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

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National Security (Enemy Property) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Enemy Property) Regulations.

Definitions.

2.In these Regulations, unless the contrary intention appears—

“dividends, interest or share of profits” means any dividends, bonus or interest in respect of any shares, stock, debentures, debenture stock or other obligations of any company, any interest in respect of any loan to a person carrying on business for the purposes of that business, and any profits or share of profits of such a business;

“enemy subject” has the same meaning as in the Trading with the Enemy Act 1939;

“the Controller” means the Controller of Enemy Property appointed in pursuance of these Regulations.

Controller of Enemy Property.

3.—(1.) For the purposes of these Regulations, there shall be a Controller of Enemy Property, who shall be appointed by the Governor-General and hold office during his pleasure.

(2.) The Controller of Enemy Property shall be a corporation sole under that name with perpetual succession and an official seal, and shall be capable of suing and being sued.

Duties of Controller.

4. The Controller shall be charged with the duty of receiving, holding, preserving and dealing with such property as is paid to him or comes into his possession in pursuance of these Regulations.

Accounts of Controller to be subject to audit.

5. The accounts of the Controller shall be subject to audit by the Auditor-General for the Commonwealth.

Moneys to be paid into Trust Account.

6.—(1.) The Controller shall pay any moneys received by him under these Regulations into a Trust Account to be established for that purpose by the Treasurer under the Audit Act 1901-1934.

(2.) Any interest received from the investment of any moneys standing to the credit of the Trust Account shall be paid into that Account.

* Notified in the Commonwealth Gazette on , 1939.

5241.—8/20.9.1939.—Price 3d.

Delegation.

7.—(1.) The Controller may, in relation to any particular matters or class of matters, or to any particular State, Territory or part of the Commonwealth, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation), so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters, or the State, Territory, or part of the Commonwealth, specified in the instrument of delegation.

(2.) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise, of any power by the Controller.

Disclosure of property held, &c. on behalf of enemy subjects.

8.—(1.) Where—

(a)any person holds or manages for or on behalf of an enemy subject any real or personal property, including any rights, whether legal or equitable, in or arising out of real or personal property; or

(b) any debt (including a debt in respect of any balance or deposit at any bank) is due, or, if a state of war did not exist, would be due, to an enemy subject,

the person or debtor, as the case may be, shall, within one month after the date of the commencement of these Regulations, or if the property comes into his possession or under his management or control, or the debt becomes due, after that date, then within one month after the time when the property comes into his possession or under his management or control, or the debt becomes due—

(c) by notice in writing communicate the fact to the Controller;

(d)furnish the Controller with such particulars in relation thereto as the Controller requires; and

(e) comply with any directions given to him by the Controller in respect of that property.

(2.) Every company which is incorporated in any part of Australia, or which, although not incorporated in any part of Australia, has a share transfer or share registration office in Australia shall, within one month after the commencement of these Regulations, by notice in writing communicate to the Controller full particulars of all shares, stock, debentures and debenture stock and other obligations of the company which are held by or for the benefit of an enemy subject.

(3.) Every member of every firm—

(a) which is an enemy subject;

(b) at least one of the members of which is an enemy subject; or

(c)to which money has been lent for the purpose of the business of the firm by a person who is an enemy subject,

shall, within one month after the commencement of these Regulations, by notice in writing communicate to the Controller full particulars of any share of profits or interest due from the firm to an enemy subject.

 

Certain moneys to be paid to Controller.

9.—(1.) Any sum which, if a state of war did not exist, would be payable and paid to or for the benefit of an enemy subject by way of dividends, interest or share of profits, or would be payable and paid in Australia to any enemy subject—

(a) in respect of interest on securities issued by or on behalf of the Government of the Commonwealth, of any State or of any other part of the King’s dominions, on behalf of any foreign Government, or by or on behalf of any corporation or any municipal or other authority whether within or without Australia; or

(b) by way of repayment, in whole or in part, of any such securities, or securities issued by any company, which have become repayable in whole or in part,

shall, if so directed by the Controller, be paid to the Controller and shall be held by him.

(2.) In the case of dividends, interest or share of profits, the payment shall be made by the person by whom it would have been payable. In the case of sums in respect of the repayment of securities issued by a company, the payment shall be made by the company by which they would have been payable. In the case of all other sums, the payment shall be made by the person through whom the payments in Australia are made.

(3.) The payment shall be accompanied by such particulars as are prescribed, or as the Controller requires.

(4.) Any payment required to be made under this regulation to the Controller shall be made—

(a) in the case of payment of a sum which, if a state of war did not exist, would be payable at the date of the Controller’s direction—within one month after that date; and

(b)in any other case—within one month after the sum, if a state of war did not exist, would have become payable.

(5.) Where, before the commencement of these Regulations, any such sum has been paid into any account with a bank, or has been paid to any other person in trust for an enemy subject, the person by whom the payment was made shall (if so directed by the Controller) within one month after the commencement of these Regulations, by notice in writing, require the bank or person to pay the sum to the Controller, and shall furnish the Controller with such particulars as the Controller requires.

(6.) The bank or other person shall, within one week after the receipt of the notice, comply with the requirement and shall be exempt from all liability for having done so.

Exemption.

10. The Treasurer may, by order, exempt any particular transaction or class of transaction from the application of the whole or any of the provisions of these Regulations.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.